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WHEN SHOULD YOU HIRE US?
If all amicable options have been exhausted, you must turn to the binding option with specialized agencies.
Our legal department will first study the chances of success of the process based on the domain name and its domain extension as well as your rights. If you choose to initiate the process, we will then proceed to the necessary formalities to file your request. Our expertise and the contacts we have had for more than 20 years with local registries are particularly useful for conflicts with ccTLDs.
There are two types of proceedings:
ARBITRATION PROCEEDINGS
As opposed to legal proceedings, which are often long and costly, an arbitral or extra-judicial action will allow you to assert your rights faster and at a lower cost.
Proceedings vary based on domain extension. For gTLDs, rules are harmonized via the ICANN who, with the WIPO, created the UDRP and URS.
The case of country codes or ccTLDs is more complicated, because national registries are free to offer or not an extra-judicial case settlement process. Most domain extensions have followed the principle of the UDRP or a local equivalent (the DPRS of the .UK or INDRP of .IN). This involves about 70 countries, such as Canada (.CA), Chile (.CL), Brazil (.BR), Mexico (.MX), India (.IN), China (.CN), South Korea (.KR) Greece (.GR) and France (.FR).
INTERNATIONAL ADMINISTRATIVE PROCEEDINGS
Some registries do not offer arbitral conflict resolution settlement methods. Nonetheless, some of them offer bridging processes before a judicial procedure—this is the case for .DE in Germany, for instance—or allow you to object to a registration, as with .HU in Hungary. Other domain extensions offer internal solutions, such as the United Arab Emirates’ .AE (where your rights must be claimed with the registry), Tunisia’s .TN (where the request is made with the national telecommunications regulation authority) or the Italian .IT, which offers a mediation service.
In such cases, the claimant cannot obtain the litigious domain name’s transfer with the registry. However, it is possible to block, suspend or even delete the domain name and thus indirectly register the domain for your benefit through automatic recovery as soon as it becomes available in the public domain.
